Professional Documents
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Question 4 [V. Imp.]: Write a note on Set Off and Carry Forward of loss from Speculative Business.
Answer: As per section 28, income from speculative business shall be taxable under the head
business/profession and such income shall be computed in the normal manner and shall be taxable at the
normal rate i.e. it will not be considered to be causal income.
Meaning of speculative business Section 43(5)
"speculative transaction" means a transaction in which a contract for the purchase or sale of any commodity,
including stocks and shares, is periodically or ultimately settled otherwise than by the actual delivery or
transfer of the commodity or scrips:
e.g. Mr. X entered into a contact for purchase of one plot from Mr. A and same plot was sold by him to Mr.
Y at a higher rate and he has directed Mr. Y to pay the amount directly to Mr. A and surplus amount to Mr. X
and he directed Mr. A to transfer the plot directly in the name of Mr. Y, it will be called speculative transaction
but if Mr. X has transferred the plot in his name and after that plot was transferred in the name of Mr. Y, it
will be called normal business.
The following shall not be deemed to be a speculative transaction:
A contract in respect of raw materials or merchandise entered into by a person in the course of his
manufacturing or merchanting business to guard against loss through future price fluctuations in respect of his
contracts for actual delivery of goods manufactured by him or merchandise sold by him; or
Set Off and Carry forward of loss from Speculative Business Section 73
If any assessee has loss from speculative business, such loss can not be set off from any income under any
head however, if the assessee has two or more similar business, loss of one such business can be set off from
the income of other such business.
Unadjusted loss is allowed to be carried forward but for a maximum period of 4 years starting from the year
subsequent to the year in which the loss was incurred. Even in the subsequent years, loss can be set off only
from income of speculative business.
Loss under the head house property. Loss from normal business, unabsorbed depreciation, loss under the
head other sources can be set off from the income of speculative business.
e.g. Mr. X has loss from speculative business ₹5,00,000 and income from normal business ₹5,00,000, in this
case, loss is not allowed to be set off however its carry forward is allowed but for a maximum period of 4
years and in the subsequent years its can be set off only from income of speculation business.
e.g. Mr. X has loss of speculative business ₹5,00,000 and income from some other speculative business
₹5,00,000, in this case, loss can be set off from income of such speculative business.
Question 5 [V. Imp.]: Write a note on Set Off and Carry Forward of losses under the head Capital
Gains.
Answer: Set off and Carry forward of Loss under the head Capital Gain Section 70, 71 and 74
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Example: Mr. X purchased one house 01-07-2017 ₹10,00,000 and constructed its first floor 01-07-2018 by
incurring ₹6,00,000 and sold the house on 01-05-2023 ₹80,00,000 and invested ₹2,00,000 in NSC. Compute
Income and Tax Liability.
Answer: House is sold after 2 years from the date of purchase hence asset is a Long term capital asset and
capital gain shall be computed in the manner given below:
₹
Full Value of Consideration 80,00,000.00
Less: Indexed cost of acquisition
= 10,00,000 / Index of 17-18 x Index of 23-24
= 10,00,000 / 272 x 348 (12,79,411.76)
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Illustration 10: X converts his capital asset (acquired on June 10, 2008 for ₹ 60,000) into stock-in-trade on
March 10, 2014. The fair market value on the date of the above conversion was ₹ 3,00,000. He subsequently
sells the stock-in-trade so converted for ₹ 4,00,000 on June 10, 2023. Discuss the tax implication.
Solution: In this case capital gains shall be computed in the previous year 2013-14 as given below:
FVC 3,00,000.00
Less: Indexed cost of acquisition
= 60,000 / Index of 2008-09 x Index of 2013-14
= 60,000 / 137 x 220 (96,350.36)
Long term capital gain 2,03,649.64
Computation of income for previous year 2023-24
Income under the head Business/Profession for previous year 2023-24 shall be ₹4,00,000 – ₹3,00,000 =
₹1,00,000
LTCG 2,03,649.64
Question 11: Write a note on computation of capital gains in case of transfer of capital asset by a
Depository.
Answer: Capital gains in case of transfer of capital asset by a depository Section 45(2A)
If any person has a demat account with the depository, profits or gains from transfer of shares or securities
shall be considered to be that of beneficiary i.e. the account holder and not that of depository. The cost of
acquisition and the period of holding of any securities shall be determined on the basis of the first-in-first-
out method.
Question 12 [V. Imp.]: Write a note on computation of capital gains on compulsory acquisition of a
Capital Asset.
Answer:
Computation of capital gains on compulsory acquisition of a capital asset Section 45(5)
If any capital asset has been acquired compulsorily by the Government or other similar agency, capital gains
shall be computed in the year in which the asset was acquired but capital gains so computed shall be taxable
in the year in which the compensation or the part of compensation is first received.
Enhanced Compensation
If the compensation is enhanced by the Court, Tribunal etc., such enhanced compensation shall be the capital
gains of the year in which the enhanced compensation is received. The cost of acquisition and the cost of
improvement shall be taken to be nil.
Death of the transferor- It is possible that the transferor may die before he receives the enhanced
compensation. In that case, the enhanced compensation will be chargeable to tax in the hands of the person
who receives the same.
Illustration 11: Mr. X (Date of birth 01.10.1946) has purchased one house on 01.04.1995 for ₹4,00,000 and
incurred ₹2,00,000 on its improvement on 01.10.1998. Its market value on 01.04.2001 was ₹3,00,000. This
house was acquired by the Government on 01.10.2013 and the compensation fixed was ₹50,00,000 and the
Government has paid half of the compensation on 01.10.2023 and balance half on 01.10.2024.
The assessee has filed an appeal for increasing the compensation and the court has given decision on
31.03.2025 directing the Government to pay additional compensation of ₹5,00,000.
The Government has paid half of the amount on 01.04.2026 and balance half on 01.04.2027.
He has invested ₹72,000 in NSC in previous year 2023-24.
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As per section 50C, the stamp duty value of house property (i.e. ₹ 85 lakh) would be deemed to be
the full value of consideration.
Therefore, ₹ 45 lakh (i.e., ₹ 85 lakh – ₹ 40 lakh), would be taxable as short-term capital gains.
Since rural agricultural land is not a capital asset, capital gains shall not be computed.
In case immovable property is received for inadequate consideration, the difference between the
stamp value and actual consideration would be taxable as gift and amount of gift shall be 85 lakh –
60 lakh = 25 lakh.
Since agricultural land is not a capital asset, the provisions of section 56(2)(x) are not attracted in
respect of receipt of agricultural land for inadequate consideration. The definition of “property” under
section 56(2)(x) does not include agricultural land.
Since the sale consideration of house property exceeds ₹ 50 lakh, Mr. Y is required to deduct tax at
source under section 194-IA. The tax to be deducted under section 194-IA would be ₹ 85,000, being
1% of ₹ 85 lakh.
TDS provisions under section 194-IA are not attracted in respect of transfer of rural agricultural land.
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Full value of consideration, being 20% share in shopping mall (₹ 4,14,00,000 x 20%)] 82,80,000.00
Less: Indexed of cost of acquisition [₹ 15,00,000 x 348/148] (35,27,027.03)
Long-term capital gain 47,52,972.97
Illustration 3: ABC Ltd. is engaged in manufacturing and company has purchased new plant and machinery
during the previous year 2023-24
1. ₹ 20.00 crore (purchased and put to use on 01.07.2023)
2. ₹30.00 crore (purchased and put to use on 01.11.2023)
Compute depreciation and also w.d.v as on 01.04.2024.
Solution: Crore (₹)
Computation of depreciation / additional depreciation
Plant and machinery purchased and put to use on 01.07.2023 20.00
Plant and machinery purchased and put to use on 01.11.2023 30.00
Less: depreciation @ 15% on ₹20.00 (3.00)
Less: depreciation @ 7.5% on ₹30.00 (2.25)
w.d.v as on 01.04.2024 44.75
Illustration 4: ABC Ltd. is engaged in manufacturing and company has purchased plant and machinery
during the previous year 2023-24 for ₹26 crores (purchased and put to use on 10.11.2023) and it includes
second hand plant and machinery for ₹5 crores.
Compute depreciation and also w.d.v as on 01.04.2024.
Solution:
Computation of depreciation / additional depreciation
Plant and machinery purchased and put to use on 10.11.2023 26 crore
Less: depreciation @ 7.5% on ₹26 crore (1.95 crore)
w.d.v as on 01.04.2024 24.05 crore
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(iii) He received royalty of ₹2,88,000 from abroad for a book authored by him on the nature of artistic. The
rate of royalty as 18% of value of books and expenditure made for earning this royalty was ₹40,000. The
amount remitted to India till 30th September, 2024 is ₹2,30,000
(iv) Received 40,000 as interest on saving bank deposits.
(v) Received 47,000 as share of profit from an AOP where all the members are individual and which had paid
the tax by normal rates of income tax.
(vi) He also sold his vacant land on 10.11.2023 for ₹10 lakhs. The stamp duty value of land at the time of
transfer was ₹ 14 lakhs. The FMV of the land as on 1st April, 2001 was ₹ 4 lakhs. This land was acquired
by him on 05.08.1995 for ₹1.80 lakhs. He had incurred registration expenses of ₹10,000 at that time.
The cost of inflation index for the year 2023-24 and 2001-02 are 348 and 100 respectively.
(vii) He paid the following amounts, out of his taxable income:
(a) Insurance premium of ₹39,000 paid on life insurance policy of son, who is not dependent on him.
(b) Insurance premium of ₹48,000 on policy of his dependent father,
(c) Tuition fees of ₹42,000 for his three children to a school. The fees being ₹14,000 p.a. per child.
Solution:
Income under the head house property
Let out House
Gross annual value (Rent Received is taken as GAV) 2,28,000
Less: Municipal Taxes (60,000/2) (30,000)
Net Annual value 1,98,000
Less: standard deduction @ 30% u/s 24(a) (59,400)
Less: Interest on capital borrowed u/s 24(b) Nil
Income under the head house property 1,38,600
Answer
1. (d); 2. (d); 3. (b); 4. (a); 5. (b); 6. (c); 7. (a); 8. (a); 9. (b); 10. (c); 11.(c); 12.(c); 13.(c); 14.(c); 15.(a); 16.(c);
17.(c); 18.(b); 19.(a); 20.(b); 21.(a); 22.(a); 23.(d); 24.(c); 25.(a); 26.(a); 27.(a); 28.(a); 29.(b); 30.(d)
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